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CBSE Class XII : Supreme Court Asks School Result Committee To Examine Students' Grievances Over Valuation

Shruti Kakkar
31 Jan 2022 2:01 PM GMT
CBSE Class XII : Supreme Court Asks School Result Committee To Examine Students Grievances Over Valuation
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In a writ petition filed by Class XIIth passed out students aggrieved by the alleged failure of the CBSE and Sidana International School's failure to implement the evaluation procedure prescribed in the Evaluation Policy dated February 17, 2021 the Supreme Court today directed the School Result Committee to decide the student's representation within 2 weeks.The bench of Justices AM Khanwilkar...

In a writ petition filed by Class XIIth passed out students aggrieved by the alleged failure of the CBSE and Sidana International School's failure to implement the evaluation procedure prescribed in the Evaluation Policy dated February 17, 2021 the Supreme Court today directed the School Result Committee to decide the student's representation within 2 weeks.

The bench of Justices AM Khanwilkar and CT Ravikumar in their order said,

"Counsel for petitioner points out that the school under mistaken belief submitted representation under Type 4 which has been accepted by authority concerned. However, grievances if the students made to school under type 2 have remained undecided. Mr Rupesh Kumar submits that said dispute will have to be considered by the school result committee. As a result we direct the school result committee to decide the representation made by the students within 2 weeks from today & report compliance. List this matter on 18th February, 2022."

Courtroom Exchange

When the matter was called for hearing, Advocate Mamta Sharma appearing for the petitioners submitted that the petitioner's grievance was that the marks were not provided by the school in terms of the policy.

On Counsel's submission, Justice AM Khanwilkar the presiding judge of the bench said, "Entire affidavit by R1 ( CBSE) says that there is a school result moderating committee. You make a representation. We'll ask the committee to do that."

Responding to the remarks by the bench, Counsel said that although the petitioners had made a representation to the school under Type 2 dispute but the school under mistaken belief considered the same under Type 4 which deals with Dispute regarding policy.

"We made representation under Type 2 but the school considered it under type 4. They did not consider the representation raised by the students under type 2," she submitted.

Noting that type 2 representation remained undecided, the bench expressed its inclination of directing the School result committee to decide the same and report within 2 weeks.

"Type 2 representation remains undecided? Is that true? Who will decide the type 2 dispute? We'll ask result committee to decide & report within 2 weeks," remarked Justice Khanwilkar.

Details Of The Plea

It was stated in the petition that student's marks have not been calculated on the basis of Evaluation Policy dated June 17, 2021 rather marks have been deducted arbitrarily by the School and petitioner students have been awarded much lesser marks causing great prejudice to the students.

The petitioners had sought for issuance of directions to the respondents to provide a detailed scorecard the students and the documents maintained by the School stating reasons of decreasing/ increasing marks of the students prepared in terms of the evaluation policy.

Relief was also sought for issuance of directions to CBSE to set up a Committee investigating the complete records of the school to find out the actual reason behind a huge variance of marks awarded to the students and decide their dispute in respect of calculation of marks by way of reasoned order.

The petition was drawn by Advocate Mamta Sharma through Advocate Ravi Prakash.

Case Title: Akshpreet Kaur And Ors. Versus Central Board Of Secondary Education And Ors.| W.P.(C) No. 1170/2021

Click Here To Read/Download Order


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